The philosopher John Rawls suggested that the only ethical society is one which we design before we know what position we will hold in it. If you don’t know whether you’ll be born the child of janitor or a billionaire, black or white, you may view social justice differently than when you know that your [...]

A few interesting things happening in the news. First up, we have a cure for HIV infection, at least in one patient:

Doctors believe that they may have found one of the largest breakthroughs in the battle against HIV, the virus which leads to AIDS. The news broke today (December 14) out of Berlin, Germany when doctors confirmed that Timothy Ray Brown received a stem-cell treatment while battling leukemia. His doctors recently published a report in the journal Blood affirming that the results of extensive testing “strongly suggest that cure of HIV infection has been achieved.”

In conclusion, our results strongly suggest that cure of HIV has been achieved in this patient.

There’s a lot of work yet to do, and this may not be an overall cure, but it’s a major breakthrough.

As reported yesterday by RD, a federal judge in VA ruled the mandate to buy a private product part of the health insurance company bailout bill is unconstitutional. Here’s a follow up article about the ruling and the VA district attorney’s winning strategy:

Virginia’s go-it-alone legal strategy to challenge the nation’s sweeping federal health-care overhaul – once questioned by both advocates and some opponents of the law – seems to be paying off for state Attorney General Ken T. Cuccinelli II after Monday’s court ruling, in his favor, that a key provision of the law is unconstitutional.

When Cuccinelli (R) filed suit in March against the federal law – rather than signing on to one filed jointly in Florida by 20 other attorneys general – Democrats said it was an exercise in grandstanding for political gain.

[…]

But his decision has undermined those who contend that constitutional challenges to the law are frivolous.

“There’s no question that this was a gamble in terms of how the litigation would have been perceived if he’s received the third strike in a row,” said Jonathan Turley, professor of law at the George Washington University Law School. “It’s certainly a gamble that’s paid off.”

Cuccinelli has maintained all along that filing his own challenge made more sense than signing on to the Florida effort.

The Virginia General Assembly had passed a law in March that made it illegal to require state residents to carry health insurance. The conflict between the state statute and the federal law gave Virginia unique standing to sue, he argued.

“You just don’t go to other states to protect your own laws,” Cuccinelli said in an interview Tuesday.

That being said, the real test will be the supreme court. Which at the earliest would be sometime next year, and likely the year after that. I think it’s an interesting issue and very worth a supreme court case. Clearly there’s gray area with being “punished’ for inaction with respect to having to buy a commercial product. And of course when the health insurance lobbyist wrote the bill, making that part not a tax was a big issue. Those calling the issue silly or frivolous were being silly.

And speaking of silly, Republicans that think the 2010 midterm elections were about them are of course not even close. A new poll out back up what everyone should know (again):

Republicans may have made major gains in the November elections, but they have yet to win the hearts and minds of the American people, according to a new Washington Post-ABC News poll.

The midterm elections – in which Republicans gained 63 seats to take control of the House and added six seats to their Senate minority – were widely seen as a rebuke to President Obama. Still, the public trusts Obama marginally more than they do congressional Republicans to deal with the country’s main problems in the coming years, 43 percent to 38 percent.

The poll suggests that the election, while perhaps a vote against the status quo, was not a broad mandate for Republicans and their plans. The survey also underscores the degree to which Americans are conflicted about who they think is setting the agenda in Washington.

The president’s narrow advantage is a striking contrast to the public’s mood at this time in 1994 and 2006, the last two midterm election years when one or both chambers of Congress changed hands.

[…]

In the new poll, just 41 percent of respondents say the GOP takeover of the House is a “good thing.” About 27 percent say it is a “bad thing,” and 30 percent say it won’t make any difference. Most continue to say that the Republicans in Congress are not doing enough to compromise with Obama on important issues.

At this time in 1994, six in 10 Americans said the GOP had taken a stronger leadership role in Washington, while just one in four said Clinton was firmly in charge. In the new poll, Americans are about evenly split between Obama and the Republicans in Congress on this question.

Of course it’s idiotic comparing 2010 to 1994 for many reasons. One is that in ’92 Clinton won a three man race without a majority. So his numbers were building up from a low point. Obama’s numbers in contrast have been steadily coming down from a high point. Also in ’94 Democrats got shown the door precisely because a large number of them were breaking the law. Whereas in this case, we have a supermajority Democrats in congress and a Democratic president elected in ’06/’08 to fix a majorly broken economy. And in the last 4/2 years respectively, it’s gotten worse. And for better or worse (or right or wrong), the voters wanted a new direction. That is, it’s the economy stupid. On top of that, Obama’s a real piece of shit and the congress that just does what he says (same as they just did what Bush II said before) were getting a bit tiring.

But what these numbers do indicate to me is that if things don’t get better economically, esp. with respect to jobs, then the Republicans will incur losses in ’12. If we’re around high 8% or higher in unemployment, there’s going to be some more changes. And they might just be dramatic.

In an interview with newspaper and wire service reporters at the Pentagon, Amos was vague when pressed to clarify how the presence of gays would distract Marines during a firefight. But he cited a recent Defense Department survey in which a large percentage of Marine combat veterans predicted that repealing the “don’t ask, don’t tell” law would harm “unit cohesion” and their tight-knit training for war.

“So the Marines came back and they said, ‘Look, anything that’s going to break or potentially break that focus and cause any kind of distraction may have an effect on cohesion,’ ” he said. “I don’t want to permit that opportunity to happen. And I’ll tell you why. If you go up to Bethesda [Naval] Hospital . . . Marines are up there with no legs, none. We’ve got Marines at Walter Reed [Army Medical Center] with no limbs.”

I understand Commandant Amos’ concern for his marines and why he would want to move very slowly when it comes to any change that shakes things up. But it’s way past time for this change. We have women at most levels and in combat (though we pretend they’re not), and of course for a long, long time, we’ve had people of color in the armed forces, even though both of those were changes that shook things up and were distractions at the time. I have faith in the marines that they can handle such a change just fine. If memory serves, the previous commandant has similar issues. I hope he can take a lead from his boss, Adm. Mike Mullen, and move to deal with the new realities instead of throwing wrenches in the works.

The Air Force is barring its personnel from using work computers to view the Web sites of The New York Times and more than 25 other news organizations and blogs that have posted secret cables obtained by WikiLeaks, Air Force officials said Tuesday.

[…]

Cyber network specialists within the Air Force Space Command last week followed longstanding procedures to keep classified information off unclassified computer systems. “News media Web sites will be blocked if they post classified documents from the WikiLeaks Web site,” said Lt. Col. Brenda Campbell, a spokeswoman for the Air Force Space Command, a unit of which oversees Air Force cyber systems. “This is similar to how we’d block any other Web site that posted classified information.”

Colonel Campbell said that only sites posting full classified documents, not just excerpts, would be blocked. “When classified documents appear on a Web site, a judgment will be made whether it will be blocked,” she said. “It’s an issue we’re working through right now.”

The other armed forces are handling it differently:

Spokesmen for the Army, Navy and Marines said they were not blocking the Web sites of news organizations, largely because guidance has already been issued by the Obama administration and the Defense Department directing hundreds of thousands of federal employees and contractors not to read the secret cables and other classified documents published by WikiLeaks unless the workers have the required security clearance or authorization.

“Classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by federal employees and contractors, until it is declassified by an appropriate U.S. Government authority,” said a notice sent on Dec. 3 by the Office of Management and Budget, which is part of the White House, to agency and department heads.

A Defense Department spokesman, Col. David Lapan, in an e-mail on Tuesday night sought to distance the department from the Air Force’s action to block access to the media Web sites: “This is not DoD-directed or DoD-wide.”

Sweden tonight decided to fight a British judge’s decision to grant bail to WikiLeaks founder Julian Assange, who has spent more than a week in prison over sexual assault allegations involving two Swedish women.

A dramatic day in and around City of Westminster magistrates court saw Assange win bail, but then be forced to return to what his lawyer Mark Stephens described as “Dickensian conditions” at Wandsworth prison while the international legal battle played out.

Sweden has decided to contest the granting of bail to Assange, who is being held pending an extradition hearing, on the grounds that no conditions imposed by a judge could guarantee that he would not flee, a legal source told the Guardian.

And speaking of crimes, it looks like the Senate will pass the near trillion dollar deficit increase and social security destruction bill today:

The U.S. Senate today is poised to pass President Barack Obama’s $858 billion proposal to extend Bush-era tax cuts for all income levels, cut payroll taxes and extend expanded jobless benefits.

Majority Leader Harry Reid said last night on the Senate floor that the chamber will start debate at 11 a.m. on the measure. Before a vote on final passage, senators will take up three amendments, Reid said. Amendments require a two-thirds supermajority for adoption.

Senate passage will send the tax bill to the House, where Democrats — who threatened last week not to bring it to the floor — late yesterday discussed a plan to let Democrats vote on an alternative to estate-tax provisions many of them oppose.

We will see soon after that what happens in the House. Please write your congressman and tell them not to pass anything like this POS giveaway to the rich and obvious ploy to destroy social security and medicare.

The most serious attack on his candidacy came in the first 90 minutes of the hearing as the lead attorney challenging Emanuel bored in on the issue of whether the former White House chief of staff meets the requirement of being a Chicago resident for one year prior to the Feb. 22 election.

But after that, it was open season as a long line of citizens who object to Emanuel’s run for mayor quizzed him on everything from when and where he purchased a city sticker for his car to whether he played any role in the violent 1993 Waco, Texas, siege to if he has ever been a member of the Communist Party.

Sadly I think he’ll be able to run just fine. And sadly he’s still the front runner.

Interest rates are marching upward, making it more expensive to take out a mortgage or get a loan to expand a business, and diluting efforts by Congress and the Federal Reserve to strengthen the economy.

The rise is partly because of good news: The outlook for growth has improved, putting less pressure on investors to keep their money in ultra-safe bonds. When there’s less demand for bonds, their interest rates – or yield – go up to attract more investors.

And the better economic outlook could allow the Fed to pull back sooner than expected on the extraordinary steps it’s taking to keep rates low.

But bond investors are also spooked by the tax-cut deal between President Obama and congressional leaders, which if enacted would increase the budget deficit substantially over the next two years.

The climb in interest rates is confounding the Fed’s efforts as it tries to bring down rates by buying $600 billion in Treasury bonds. The central bank affirmed that it would stay on course with those plans Tuesday after a policy meeting.

Yes, it’s good and it’s bad and it’s messing up their efforts to make money cheaper. It’s all going to end in tears I tell you. Our economy as well as the world economy is fragile. The dollar is on the brink. It’s scary out there. The current worry about interest rates going a bit higher (as if things are getting better.. give me a break) reminds me of a small leak in a dam being plugged by a finger. Sadly we’re all living in the small village below the dam.

On that lovely note, let’s open the floor to more news. And some positive news please. Chime in with what you’re reading.

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By Lambert Strether of Corrente. Readers, I’m sorry I missed Water Cooler Monday. Perhaps it would be simplest to say I was trapped in a chrono-synclastic infundibulum. TPP Lori Wallach on the leaked investment chapter [Eyes on Trade (PDF)]. The tribunals would be empowered to order payment of unlimited government funds to foreign investors over […] […]

Body: This paper, or pre-draft, or sketch, or whatever it is, started out with this title: "With The 12-Point Platform, this won't happen: An aristocracy of credentialism in the 20%." But then I realized I'd gotten in deeper than I thought -- one of those posts were the framework and the notes overwhelm the original idea -- and as it tur […]